1999 Minnesota Statutes

     518.1751 Visitation dispute resolution. 

    Subdivision 1.    Visitation expeditor.  Upon request of 
 either party, the parties' stipulation, or upon the court's own 
 motion, the court may appoint a visitation expeditor to resolve 
 visitation disputes that occur under a visitation order while a 
 matter is pending under this chapter, chapter 257 or 518A, or 
 after a decree is entered.  

    Subd. 1a.    Exceptions.  A party may not be required to 
 refer a visitation dispute to a visitation expeditor under this 
 section if: 

    (1) one of the parties claims to be the victim of domestic 
 abuse by the other party; 

    (2) the court determines there is probable cause that one 
 of the parties or a child of the parties has been physically 
 abused or threatened with physical abuse by the other party; or 

    (3) the party is unable to pay the costs of the expeditor, 
 as provided under subdivision 2a. 

    If the court is satisfied that the parties have been 
 advised by counsel and have agreed to use the visitation 
 expeditor process and the process does not involve face-to-face 
 meeting of the parties, the court may direct that the visitation 
 expeditor process be used. 

    Subd. 1b.    Purpose; definitions.  (a) The purpose of a 
 visitation expeditor is to resolve visitation disputes by 
 enforcing, interpreting, clarifying, and addressing 
 circumstances not specifically addressed by an existing 
 visitation order and, if appropriate, to make a determination as 
 to whether the existing visitation order has been violated.  A 
 visitation expeditor may be appointed to resolve a one-time 
 visitation dispute or to provide ongoing visitation dispute 
 resolution services. 

    (b) For purposes of this section, "visitation dispute" 
 means a disagreement among parties about visitation with a 
 child, including a dispute about an anticipated denial of a 
 future scheduled visit.  "Visitation dispute" includes a claim 
 by a custodial parent that a noncustodial parent is not visiting 
 a child as well as a claim by a noncustodial parent that a 
 custodial parent is denying or interfering with visitation. 

    (c) A "visitation expeditor" is a neutral person authorized 
 to use a mediation-arbitration process to resolve visitation 
 disputes.  A visitation expeditor shall attempt to resolve a 
 visitation dispute by facilitating negotiations between the 
 parties to promote settlement and, if it becomes apparent that 
 the dispute cannot be resolved by an agreement of the parties, 
 the visitation expeditor shall make a decision resolving the 
 dispute. 

    Subd. 2.    Appointment.  (a) The parties may stipulate 
 to the appointment of a visitation expeditor or a team of two 
 expeditors without appearing in court by submitting to the court 
 a written agreement identifying the names of the individuals to 
 be appointed by the court; the nature of the dispute; the 
 responsibilities of the visitation expeditor, including whether 
 the expeditor is appointed to resolve a specific issue or on an 
 ongoing basis; the term of the appointment; and the 
 apportionment of fees and costs.  The court shall review the 
 agreement of the parties.  

    (b) If the parties cannot agree on a visitation expeditor, 
 the court shall provide to the parties a copy of the court 
 administrator's roster of visitation expeditors and require the 
 parties to exchange the names of three potential visitation 
 expeditors by a specific date.  If after exchanging names the 
 parties are unable to agree upon a visitation expeditor, the 
 court shall select the visitation expeditor and, in its 
 discretion, may appoint one expeditor or a team of two 
 visitation expeditors.  In the selection process the court must 
 give consideration to the financial circumstances of the parties 
 and the fees of those being considered as visitation 
 expeditors.  Preference must be given to persons who agree to 
 volunteer their services or who will charge a variable fee for 
 services based on the ability of the parties to pay for them.  

    (c) An order appointing a visitation expeditor must 
 identify the name of the individual to be appointed, the nature 
 of the dispute, the responsibilities of the visitation expeditor 
 including whether the expeditor is appointed to resolve a 
 specific issue or on an ongoing basis, the term of the 
 appointment, the apportionment of fees, and notice that if the 
 parties are unable to reach an agreement with the assistance of 
 the visitation expeditor, the visitation expeditor is authorized 
 to make a decision resolving the dispute which is binding upon 
 the parties unless modified or vacated by the court. 

    Subd. 2a.    Fees.  Prior to appointing the visitation 
 expeditor, the court shall give the parties notice that the fees 
 of the visitation expeditor will be apportioned among the 
 parties.  In its order appointing the visitation expeditor, the 
 court shall apportion the fees of the visitation expeditor among 
 the parties, with each party bearing the portion of fees that 
 the court determines is just and equitable under the 
 circumstances.  If a party files a pro se motion regarding a 
 visitation dispute and there is not a court order that provides 
 for apportionment of the fees of an expeditor, the court 
 administrator may require the party requesting the appointment 
 of an expeditor to pay the fees of the expeditor in advance.  
 Neither party may be required to submit a dispute to a 
 visitation expeditor if the party cannot afford to pay for the 
 fees of an expeditor and an affordable expeditor is not 
 available, unless the other party agrees to pay the fees.  After 
 fees are incurred, a party may by motion request that the fees 
 be reapportioned on equitable grounds.  The court may consider 
 the resources of the parties, the nature of the dispute, and 
 whether a party acted in bad faith.  The court may consider 
 information from the expeditor in determining bad faith. 

    Subd. 2b.    Roster of visitation expeditors.  Each 
 court administrator shall maintain and make available to the 
 public and judicial officers a roster of individuals available 
 to serve as visitation expeditors, including each individual's 
 name, address, telephone number, and fee charged, if any.  A 
 court administrator shall not place on the roster the name of an 
 individual who has not completed the training required in 
 subdivision 2c.  If the use of a visitation expeditor is 
 initiated by stipulation of the parties, the parties may agree 
 upon a person to serve as a visitation expeditor even if that 
 person has not completed the training described in subdivision 
 2c.  The court may appoint a person to serve as a visitation 
 expeditor even if the person is not on the court administrator's 
 roster, but may not appoint a person who has not completed the 
 training described in subdivision 2c, unless so stipulated by 
 the parties.  To maintain one's listing on a court 
 administrator's roster of visitation expeditors, an individual 
 shall annually submit to the court administrator proof of 
 completion of continuing education requirements. 

    Subd. 2c.    Training and continuing education 
 requirements.  To qualify for listing on a court 
 administrator's roster of visitation expeditors, an individual 
 shall complete a minimum of 40 hours of family mediation 
 training that has been certified by the Minnesota supreme court, 
 which must include certified training in domestic abuse issues 
 as required under Rule 114 of the Minnesota General Rules of 
 Practice for the District Courts.  To maintain one's listing on 
 a court administrator's roster of visitation expeditors, an 
 individual shall annually attend three hours of continuing 
 education about alternative dispute resolution subjects.  

    Subd. 3.    Agreement or decision.  (a) Within five days 
 of notice of the appointment, or within five days of notice of a 
 subsequent visitation dispute between the same parties, the 
 visitation expeditor shall meet with the parties together or 
 separately and shall make a diligent effort to facilitate an 
 agreement to resolve the visitation dispute.  If a visitation 
 dispute requires immediate resolution, the visitation expeditor 
 may confer with the parties through a telephone conference or 
 similar means.  An expeditor may make a decision without 
 conferring with a party if the expeditor made a good faith 
 effort to confer with the party, but the party chose not to 
 participate in resolution of the dispute. 

    (b) If the parties do not reach an agreement, the expeditor 
 shall make a decision resolving the dispute as soon as possible 
 but not later than five days after receiving all information 
 necessary to make a decision and after the final meeting or 
 conference with the parties.  The visitation expeditor is 
 authorized to award compensatory visitation under section 
 518.175, subdivision 6, and may recommend to the court that the 
 noncomplying party pay attorney's fees, court costs, and other 
 costs under section 518.175, subdivision 6, paragraph (d), if 
 the visitation order has been violated.  The visitation 
 expeditor shall not lose authority to make a decision if 
 circumstances beyond the visitation expeditor's control make it 
 impracticable to meet the five-day timelines. 

    (c) Unless the parties mutually agree, the visitation 
 expeditor shall not make a decision that is inconsistent with an 
 existing visitation order, but may make decisions interpreting 
 or clarifying a visitation order, including the development of a 
 specific schedule when the existing court order grants 
 "reasonable visitation."  

    (d) The expeditor shall put an agreement or decision in 
 writing and provide a copy to the parties.  The visitation 
 expeditor may include or omit reasons for the agreement or 
 decision.  An agreement of the parties or a decision of the 
 visitation expeditor is binding on the parties unless vacated or 
 modified by the court.  If a party does not comply with an 
 agreement of the parties or a decision of the expeditor, any 
 party may bring a motion with the court and shall attach a copy 
 of the parties' written agreement or decision of the expeditor.  
 The court may enforce, modify, or vacate the agreement of the 
 parties or the decision of the expeditor. 

    Subd. 4.    Other agreements.  This section does not 
 preclude the parties from voluntarily agreeing to submit their 
 visitation dispute to a neutral third party or from otherwise 
 resolving visitation disputes on a voluntary basis. 

    Subd. 4a.    Confidentiality.  (a) Statements made and 
 documents produced as part of the visitation expeditor process 
 which are not otherwise discoverable are not subject to 
 discovery or other disclosure and are not admissible into 
 evidence for any purpose at trial or in any other proceeding, 
 including impeachment. 

    (b) Sworn testimony may be used in subsequent proceedings 
 for any purpose for which it is admissible under the rules of 
 evidence.  Visitation expeditors, and lawyers for the parties to 
 the extent of their participation in the visitation expeditor 
 process, must not be subpoenaed or called as witnesses in court 
 proceedings. 

    (c) Notes, records, and recollections of visitation 
 expeditors are confidential and must not be disclosed to the 
 parties, the public, or anyone other than the visitation 
 expeditor unless:  

    (1) all parties and the visitation expeditor agree in 
 writing to the disclosure; or 

    (2) disclosure is required by law or other applicable 
 professional codes. 

    Notes and records of visitation expeditors must not be 
 disclosed to the court unless after a hearing the court 
 determines that the notes or records should be reviewed in 
 camera.  Those notes or records must not be released by the 
 court unless it determines that they disclose information 
 showing illegal violation of the criminal law of the state. 

    Subd. 5.    Immunity.  A visitation expeditor is immune 
 from civil liability for actions taken or not taken when acting 
 under this section. 

    Subd. 5a.    Removal.  If a visitation expeditor has 
 been appointed on a long-term basis, a party or the visitation 
 expeditor may file a motion seeking to have the expeditor 
 removed for good cause shown. 

    Subd. 6.    Mandatory visitation dispute resolution.  
 Subject to subdivision 1a, a judicial district may establish a 
 mandatory visitation dispute resolution program as provided in 
 this subdivision.  In a district where a program has been 
 established, parties may be required to submit visitation 
 disputes to a visitation expeditor as a prerequisite to a motion 
 on the dispute being heard by the court, or either party may 
 submit the dispute to a visitation expeditor.  A party may file 
 a motion with the court for purposes of obtaining a court date, 
 if necessary, but a hearing may not be held until resolution of 
 the dispute with the visitation expeditor.  The appointment of a 
 visitation expeditor must be in accordance with subdivision 2.  
 Visitation expeditor fees must be paid in accordance with 
 subdivision 2a. 

    Subd. 7. Repealed by amendment, 1997 c 245 art 2 s 3 

    HIST: 1989 c 248 s 6; 1996 c 391 art 1 s 3; 1997 c 245 art 2 s 
 3